Jones v. Cunningham, 371 U.S. 236 (1963)

Jones v. Cunningham

No. 77

Argued December 3, 1962
Decided January 14, 1963
371 U.S. 236

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

Syllabus

1. A state prisoner who has been placed on parole, under the "custody and control" of a parole board, is "in custody" within the meaning of 28 U.S. C. § 2241, and, on his petition for a writ of habeas corpus, a Federal District Court has jurisdiction to hear and determine his charge that his state sentence was imposed in violation of the Federal Constitution. Pp. 236-243.

2. The fact that such a petitioner has left the territorial jurisdiction of the District Court does not deprive that Court of jurisdiction when the members of the parole board are still within its jurisdiction and can be required to do all things necessary to bring the case to a final adjudication. Pp. 243-244.

294 F.2d 608 reversed.